Consumer Protection › Civil Procedure › Insurance

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v....more

Illinois Supreme Court Holds TCPA Damages Not Punitive

Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more

Illinois Supreme Court Debates the Insurability of TCPA Federal Junk Fax Penalties

Earlier this month, on the final day of arguments for the March term, the Illinois Supreme Court heard oral argument in Standard Mutual Insurance Co. v. Lay. Lay presents the question of whether the penalty imposed by Federal...more

Class Action Fairness Act: Amount in Controversy after Standard Fire Ins. v. Knowles (U.S. 2013).

In this installment of the Hoosier Litigation Blog by Pavlack Law, LLC, we discuss the Class Action Fairness Act's amount in controversy requirement in light of the United States Supreme Court decision in Standard Fire Ins....more

OSHA Announces Whistleblower Protections Under The Affordable Care Act

The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an...more

Proposed Legislation Would Create Statutory Right For Insured To File A “Bad Faith” Claim Against Their Insurance Company And...

The New Jersey Senate has reintroduced the “Consumer Protection Act,” which would establish a private cause of action which would allow insureds (or their assignees) to allege “bad faith” against their insurance company. ...more

Special Alert: CFPB Announces First Determination Of A Petition to Modify Or Set Aside A Civil Investigative Demand

On September 20, the Consumer Financial Protection Bureau issued its first Decision and Order on a petition to modify or set aside a civil investigative demand (CID). ...more

Fifth Circuit Restricts Cy Pres Doctrine in Class Action Settlements

The Fifth Circuit recently issued a significant decision restricting the use of the doctrine of cy pres in class action settlements, as well as affirming the importance of a well-drafted settlement document....more

James v. Hartford

District Court Rebukes Firm for Repititious Meritless Pleadings

In a decision issued on Monday, Judge Werlein in the Houston District of the Southern District of Texas admonished the Mostyn Law Firm for filing meritless, repititious pleadings. Courts are seldom witty, droll, sarcastic,...more

Texas Insurance Law Newsbrief

Texas courts continue their busy pace in insurance cases. TEXAS SUPREME COURT REVERSES RUTTINGER: WORKERS COMPENSATION CARRIERS NOT SUBJECT TO UNFAIR SETTLEMENT PRACTICES CLAIMS UNDER THE TEXAS INSURANCE CODE In a...more

Sony insurer challenges cyber liability claim; denies coverage

There is little doubt that the insurance industry will be seeing increased claims from insureds facing “cyber liability”. Insurers responding to such claims need to turn their minds to coverage issues for...more

What to Do if You are Injured in an Accident and Insurance Won't Pay

The Process Behind an Insurance Claim Lawsuit (What To Do If You Are Injured In an Auto Accident And The Insurance Company Won’t Pay) If you are involved in an auto accident in which another driver is at fault and are...more

Senate Bill 558 - Letter to California Assembly Judiciary Committee in Opposition

SB 558 is proposes to lower the evidentiary standard for obtaining enhanced remedies available under California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) from "clear and convincing" to "preponderance...more

Varderesyan v. Dependable Highway Express

Opposition to Motion to Reduce Verdict re Past Medicals

This Opposition to defendant's motion to reduce verdict re past medical bills was successful in light of recent opinions designed to reduce verdicts for plaintiffs who received past medical awards from their jury. This issue...more

Vardersesyan v. Dependable Highway Express

Motion In Limine Re Medical Bill Reduction as Collateral Source

This is the per-trial Motion in Limine to prevent the defendant from introducing a proposed "reduction" of a large hospital bill on the grounds that such evidence violates the collateral source rule. The Court granted the...more

Seventh Circuit Issues Significant Decision On Consumer Injunctive Relief Class

In Kartman v. State Farm Mut. Automobile Ins. Co., Case no. 09-1725, 2011 U.S. App. LEXIS 2830 (Feb, 14, 2011), the Seventh Circuit authoritatively rejected the use of injunctive relief on a class basis for consumer claims....more

Decision Stands: Proposition 103 Approved Insurance Rates Cannot be Attacked in a Civil Action

California Supreme Court Rejects Requests to Depublish MacKay On October 6, 2010, Division Three of the Second Appellate District issued a landmark decision in MacKay v. Superior Court, 188 Cal. App. 4th 1427 (2010),...more

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum,...

Eighth District Rules that Facts Supporting Affirmative Defenses are Discoverable as Long as Parties ask for "Letters, Memorandum, and Other Documents" Party A sues Party B alleging wrongful termination, pay...more

Court Offers Guidance as to Requirements for Alleging Harm to Establish UCL Standing

The California Court of Appeal, in Nelson v. Pearson Ford Co., issued a lengthy 50-page opinion on July 15 addressing numerous issues, including violations of the Automobile Sales Finance Act (“ASFA”), the Unfair Competition...more

California Swimming Pool Accident Lawyer Discusses Drowning Prevention and Life Saving Actions

Swimming pool accident lawyers today need to be aware of the dangers clients face even when they feel fine after a near drowning. With the proper knowledge, and prompt medical attention, clients can prevent additional injury...more

A New California Court of Appeal Decision Might Breathe Some New Life Into Unfair Competition Law Claims Against Insurers

In Zhang v. Superior Court (California Capital Insurance Co.), Case No. E047207 (filed October 19, 2009), the Fourth District of the California Court of Appeal reversed the trial court's decision to sustain a demurrer on a...more

California Appellate Court Affirms Trial Court's Order Holding Putative UCL Class Should Not Be Certified

In a decision published October 26, 2009, a unanimous panel of the Fourth Appellate District, Division Three, affirmed the trial court’s order denying class certification in a case handled by Barger & Wolen, Kaldenbach v....more

Filing Bankruptcy During Civil Litigation

Debtor strategy during civil litigation...more

Judge Makes Decision on the Necessity and Reasonableness of Fees And Costs In Lead Paint Toy Claims

Federal Judge William Hart ruled that a liability insurer owed a defense to a seller of toys that were manufactured in China in ACE American Insurance Co. v. RC2 Corp. Inc. et al., 568 F. Supp. 2d 946 (N.D. Ill. 2008). The...more

California Supreme Court Says "No" to Insureds Trying to Recover Under California's Consumer Legal Remedies Act

Fairbanks v. Superior Court, __ Cal. 4th __, 2009 WL 1035264 (April 20, 2009). California has long been known to insurance bad faith practitioners for its consumer-friendly insurance bad faith laws. But seemingly not...more